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Union of India - Section

Section 40 in The Land Acquisition Act, 1894

40. Previous enquiry

(1)Such consent shall not be given, unless the [appropriate Government] [Substituted by A.O.1950.] be satisfied, [either on the report of the Collector under section 5-A, sub-section (2), or] [Inserted by Act 38 of 1923, Section 9.] by an enquiry held as hereinafter provided,
(a)[ that the purpose of the acquisition is to obtain land for the erection of dwelling-houses for workmen employed by the company or for the provision of amenities directly connected therewith, or [Substituted by Act 16 of 1933, Section 3, for Cls. (a) and (b).]
(aa)[ that such acquisition is needed for the construction of some building or work for a company which is engaged or is taking steps for engaging itself in any industry or work which is for a public purpose, or]
(b)that such acquisition is needed for the construction of some work, and that such work is likely to prove useful to the public.]
(2)Such enquiry shall be held by such officer and at such time and place as the [Code of Civil Procedure, 1908 (5 of 1908)] [[Substituted by Act 16 of 1933, Section 3, for Cls.(a) and (b)[appropriate Government]</span></a>shall appoint. </p>
(3)Such officer may summon and enforce the attendance of witnesses and compel the production of documents by the same means and, as far as possible, in the same manner as is provided by the <SPAN class=amd1><A TITLE =]] in the case of a Civil Court.